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Poster: katieq Date: Jan 4, 2013 4:38pm
Forum: feature_films Subject: Re: A Walk in the Sun (1945) PD or copyright?

so you are saying Kit Parker has no legal basis for this claim?

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Poster: Video-Cellar Date: Jan 4, 2013 5:23pm
Forum: feature_films Subject: Re: A Walk in the Sun (1945) PD or copyright?

Not necessarily no legal basis, just that it is on shaky ground.

There is no separate previous registration for the music and the registration for the novel contains problems. It was registered as published at the incorrect date. This could pose problems for the calculation of the renewal window, rendering the renewal invalid. Add to that that the author could possibly have been considered employee of the US government writing as part of his work under his employment and further problems arise.

There is also the matter of the movie itself never having been registered or renewed for copyright. It could be argued that the authors of the film work never intended for the film to be protected by copyright and intentionally released it to the public domain. Further, it could be argued that the copyright had never been enforced until later third parties made attempts to recapture the copyright using the literary source as their basis of claim.